Anil Kumar Constable v. Union of India

1. Admittedly petitioner suffered serious head injuries in the year 2004 and medical papers show that he is virtually disabled to perform any duties.

2. Petitioner who is present in person in Court is hardly able to speak coherently. His tongue rolls over when he speaks. There is a constant slight shaking of the head, evidencing a neurogenic problem. When asked as to what work is the petitioner doing, he tells us that he does no work and simply sits in the office.

3. The petitioner is under treatment at Yashoda Super Speciality Hospital and we find that the doctor at the hospital has opined that the petitioner is unfit for any duty. In spite thereof, we find that the respondents have transferred the petitioner from Ghaziabad to Bhilai.

4. We are surprised at the Commandant of the battalion to which petitioner is attached, who is not even aware of his legal W.P.(C) No.5073/2011 page 1 of[2] 2011:DHC:17400-DB obligations.

5. Far from transferring the petitioner to Bhilai, instant case requires the respondents to wake up and have the petitioner brought before a Medical Board to determine whether the petitioner is medically fit to render any service or requires to be declared invalid and discharged from service. The percentage of disability needs to be determined as also what caused the disability so that issue of disability pension to be sanctioned or not can be decided.

6. Noting as aforesaid, we dispose of the writ petition quashing the transfer-posting order and direct the respondents not to transfer the petitioner from Ghaziabad. Rest we leave it to the sense of responsibility of the Commandant of the Unit, whom we expect would be wiser by the observations which we have made herein above.

7. No costs.

8. DASTIv CM No.10272/2011 Dismissed as infructuous. • sx_S PRADEEP NANDRAJOG, J. P.K.BHASINJ. JULY 20, 2011 dk